State v. Banks
2012 Ohio 2495
Ohio Ct. App.2012Background
- Banks was convicted by jury of murder with firearm specifications in a December 2010 Cleveland shooting.
- He appealed raising seven assignments of error challenging admissibility of evidence, prosecutorial conduct, ineffective assistance, and sufficiency/weight of the evidence.
- The trial record includes eyewitness accounts, a phone found at the scene, and DNA on a cell phone.
- A bearded man (Banks) was alleged to be the shooter; K.J. and Rodriguez/Jackson provided varying accounts.
- Banks demonstrated the gun to a witness after the crime and later claimed responsibility in certain conversations; DNA linked Banks to the scene.
- The jury acquitted Banks of aggravated murder but convicted of murder with firearm specifications; the court sentenced him and then affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of implied and inconsistent statements | Banks argues the state impermissibly impeached K.J. with prior statements and used hearsay | Banks contends Evid.R. 607, 801, 802 were violated and Confrontation Clause rights were infringed | No reversible error; admissibility within trial court discretion; leading questions permitted for adverse witness under Evid.R. 611(C) |
| Hearsay testimony by officers | Banks claims officers’ statements as to K.J.’s statements were hearsay | Such statements explained investigating conduct, not offered for truth | Not plain error; statements fall within exceptions and were properly admitted with confrontation preserved via later testimony |
| Prosecutorial misconduct in closing | Banks alleges prosecutor lied about witnesses and mischaracterized evidence | Prosecutor properly summarized evidence and urged credibility of witnesses | No prosecutorial misconduct; arguments aligned with the evidence and court instructed jurors to rely on their recollection |
| Ineffective assistance of counsel | Counsel failed to object to challenged evidence and misused Kulig reference | Counsel’s strategy and trial decisions were reasonable, and success on acquittal on some counts supports effectiveness | No ineffective assistance; performance reasonable and not prejudicial |
| Sufficiency and weight of the evidence | State’s theory was speculative; evidence insufficient to prove murder | Evidence supported a reasonable inference Banks intentionally killed Hawthorne; manifest weight not shown | Sufficient evidence and not against the manifest weight; verdict supported by credible timeline and testimony |
Key Cases Cited
- State v. Robb, State v. Robb, 108 Ohio St.3d 1, 2006-Ohio-4467 (Ohio Supreme Court (2006)) (appellate discretion on evidentiary admissibility)
- State v. Getsy, State v. Getsy, 84 Ohio St.3d 180, 702 N.E.2d 866 (Ohio (1998)) (standard for admissibility of evidence and plain-error review)
- State v. Darkenwald, State v. Darkenwald, 8th Dist. No. 83440, 2004-Ohio-2693 (8th Dist. Ct. App. (2004)) (distinction between hostile/adverse witnesses and use of leading questions)
- State v. Burroughs, State v. Burroughs, 7th Dist. No. 93-CA-13, 1999 WL 1243136 (Seventh Dist. Ct. App. (1999)) (adverse witness may allow leading questions on direct examination)
- State v. Jenks, Jenks v. State, 61 Ohio St.3d 259, 574 N.E.2d 492 (Ohio Supreme Court (1991)) (overruled Kulig; standards for refreshed argument)